Your Rights as a Tenant

The landlord/tenant rental relationship is intended to be mutually productive, mutually beneficial and mutually protected. To that end, rights have been established to secure both parties in the relationship.  We want to spend some time covering your rights as a tenant.  To see your rights as a landlord, read here.

In order to enjoy those rights and to exercise those rights, you need to know them.  There are basic tenant rights that are applicable to rentals in every state and rights that are specific to the state where you live.  Every rental lease is required, by law, to consist of rules and ordinances that do not violate those rights.

The prelude to the relationship is first making an application. Federal Law (applicable to all 50 states) prohibits discrimination based on race, religion, color, age, gender, family status, national origin and/or physical or mental disabilities. HUD (Department of Housing and Urban Development) is responsible for overseen and enforcing The Fair Housing Act.  There may be local or state laws with additional protected categories. Federal law protects against discrimination if the discrimination is based on the perception that an applicant belongs to a protected class.

Anti-discrimination laws not only protect the potential renter during the application phase but prohibits the landlord from advertising in a discriminatory manner.  A prospective tenant who believes that violations of these protected categories can file a complaint with HUD.

Basic Rights:

Habitable Home

One of the most important rights of a tenant is to live in a habitable home.  A habitable home is safe and healthy. If the home contains lead the landlord is required, by law, to disclose that to the applicant before they rent.  The home must have functional heating and utilities, and safe drinking water and free from dangerous conditions such as faulty wiring, holes in the floor and rodent or insect infestations.  And the habitability of the rental must be maintained throughout the term of the lease at the expense of the landlord. Issues that are minor, temporary or aesthetic do not rise to the level that will excuse the tenant from paying the required monthly rent.  Only a substantial variance from building codes would uphold the renter’s action to break the lease or withhold rent.  Any complaints or requests to the landlord to address necessary grievances should always be made in writing.

Privacy

Landlords may not come into a rented property without notifying the tenant.  Their ownership of the property does not trump the tenant’s right to privacy.  But a tenant’s rights to expect a reasonable degree of privacy are also mitigated by the landlord’s rights to maintain the property.  There are exceptions that do allow a landlord emergency access like a water, gas leak or fire. Generally, the landlord is required to provide the tenant with the notice to make scheduled repairs, inspect the property for damage, or to show the property to a potential new tenant or if they reasonably think that the property has been abandoned.  Tenants are expected to provide reasonable access at reasonable hours to the property owner while the owners are simultaneously expected to make reasonable requests to the tenant for access.  Specific details may vary from state to state.  Landlords must have a legitimate reason for requesting access.

Deposits

Few things bring a landlord and tenant to court than over un-refunded rental deposits which include security deposits, damage, cleaning and pet deposits.  Some states set the limits a landlord may impose for deposits. However, landlords are required to treat all tenants equally and not set different amounts for different tenants.  Local laws will also dictate the time frame for the return or refund of deposits and whether or not the landlord is required to pay interest on the term the deposit was unavailable to the tenant.  If the landlord does not return the full deposit the tenant is entitled to a written account of its use.

Pets

Having a pet is not a right.  Landlords may, uniformly, allow or deny a tenant permission to have a pet (as defined in the Lease Agreement).  The only exception is the rights provided by the Americans with Disabilities Act to renters who require service animals to accommodate their physical or mental disabilities.

Most leases will outline the following:

Tenant details – the names of everyone who is expected to occupy the residence except, of course, minors. A professional landlord will require that every tenant sign the lease.  Each individual’s signature binds them to all of the terms of the contract even if another tenant fails to comply with the terms.

Occupancy – directs that only the people identified as tenants on the lease may live in the home.

The term of Lease – many leases self-renew if they are not terminated in writing by either party.

Rent – how much, when due, where or how to be paid, payment methods, late fees, etc. are all covered under this category.

Deposits and Fees – the amount, use of, purpose, refund of deposits and timeframe will be found here.

Repairs/Maintenance – outlines each party’s responsibilities for repairs and maintenance of both the interior and exterior (if applicable)

Access – clarifies when the landlord has a legal right to access the rental property, for what reasons and within what time frame including how much notice is reasonable.

Illegal or Disruptive Activity – this provision may reduce the landlord’s exposure to legal consequences or lawsuits that may come as a result of the tenants’ illegal or disruptive activities.

Pets – specifies, if allowable, how many, what kind, size restrictions, vaccine requirements, liability, etc.

Other limitations – the definitions and restrictions or requirements may pertain to running a business from your home, parking, common areas, visitors, etc.

Recourse

If the tenant believes that a landlord has violated their rights or the terms of the lease it’s best to put everything in writing and record, in detail, each step the tenant has taken to address the alleged violation and attempts to resolve it.  If reasonable, respectful and mature attempts have failed a tenant has rights that provide for legal action, if necessary, termination of the lease or cessation of rental payments as methods of recourse.  Lastly, please remember that the landlord or the landlord’s attorneys drafted the lease so that while it may meet all of the requirements of the law, it’s worth considering that it is likely skewed in the landlord’s favor so read it carefully for your protection.
Sources: via, via, via, via, via, via